The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1887-12-09

" &XXHs - - -
important features Of Secretary Lamar's ,
forthcoming annual report u the part
which relates 20 the u adjustment Of rail-
road land grants. He has received this
part Of his report from b Public Printer
and u reads - follows:
shortly amer my appointment 70 the position !
! nov have the honor 70 hold. and - ] became
somewhat amilin with the public land system,
fts organisation and the workings thereof. Ibc-
came more and more impressed with the fast
that the public domain was being diverted from
lie legitimate purposes and converted 70 OBJ
5ects the inevitable effects Of which we're -
pugnsnt 70 the entire theory on which the land
system WAS based.
Apart from the methods Of illegal appsopn-
alton Of the public domain. I became convinced
that the administration Of congressional grants
Of lands 10 wagon and railroads has given = e
70 enormous abuses. Congress had not only
made grants which In some Instances exceeded
In extent the area Of . half dozen Of the largest
and most populous States Of the Union. but IN
addition provided thatany Losses OF land within
the granted limits should be satisfied BY sections
OF land within other and adjoining imits, thus
nearly doubling the area OF me original grants.
Under these acts. the Land Department had
Withdrawn from public appropriation not only |
the granted limits- - required BY law, but al |
90 the lands within the indemnity limits q the
request OF the grantee companies Thus enorm-
Gus quantities OF the public land we're held in
reservation 70 await the convenience Of the re-
spective corporations In the construction OF
their roads. the selection OF is lands. and the
uncertain adjustments OF the grants BY the de-
rartment-
This land grant legislation Was certainly
not in harmony with the theory OF . distribu-
ton Of the public domain among the people
and gave up 70 capitalists ~ . basis for tra1nc
ana speculation and gigantic financial schemes
what was- BY the original policy Of the Govern
ment. designed 70 be homes for an Industrious
and thrifty people. the abodes OF domestic hap
piness and virtue and patriotism Notwith-
standing these indemnity Withdrawals were
made exclusively for the interests Of the com
pzny. few Of these. II any ofthem. constructed
their roads within III time prescribed
in the granting sct q an express
made. Maps Of probable general 'desie-
mated and definite routes OF said road were
nicd with rapidisy in the department and with
drawais Hereunder asked and almost invaria-
bly, granted. until the public lands in States
and Territories were grid-ironed over with rail
road-granted and indemnity limits: and IN
many Instances the limits Of one road overlap
ping and conflicting with other roads IN the
most bewildering manner. 20 that the settler
seeking . home could scarcely dnd . desirable
location that was not claimed by some one or
perhaps two or three Of the many roads TO
which grants OF Land had been made By Con-
grcss.
Nor was this all Though the desired tract
might not be apparently covered by . railroad
location. the settler would hardly select II
before agents OF the corporations would set up
a claim 10 II, or TO the right 10 occupy and de-
, nude II under the right OF way and construction
/, privileges conferred BY the granting act. Thus
, the settler, ignorant OF his legal rights. and
with no one 10 advise him with respect TO either
the law or the facts, would. for the sake Of
peace and q home, readily consent % purchase
from the company. In this way these corpora
tions. in addition TO the lands granted them.
have claimed. sold and received the price Of Z
great deal Of other LAND TO which they had
neither legal nor moral right. nor the Shadow
OF either.
when. however, through partial surveys Of
adjustments OF grants lands thus sold BY
company were found to be outside OF the grants
and determined BY the department TO be public
lands. the purchaser from the company founs
himself in the unfortunate pr~edicament Of hav
ing lost both his land and his money. Gener
ally without the means 20 enter into . cost,
litigation with . powerful corporation. the de
privation Of his home. the expenditure ans
waste OF his years his energy and strength, II
redccmfng that home from its wild condition
rendered his mere technical ght Of actor
against the company but little more than
mockery-
.years have elapsed since many OF. IN
grants have been made. and other years sine
IuE RWAA& - 49, -
constructed the entire line Of their roads
. Others fngmenfary portions only, and other
z again none NJ all. but the Withdrawals Of IN
lands were no less effective a. q barrier Agains
the settlers in the one case than in the other
= II mattercd not what might be his equities &C
!, auired by years Of toll upon what he believes
4 70 be a part Of the National domain. II was dc
clared ny the highest judicial tribunal. ~ es
Q pounded BY the highest Law oficers OF IN
d executive. that . Withdrawal once made b
q competent authority was legal and effective :
. exclude MI from intrusion within 10 limita-
n .One such case where hardship and ~injustic
where about TO be inflicted under the law cam
I. under your observation Guilford Miller sc'
u tied upon lands nfterward selected and elaine
y by the Northern Pacific Railroad Company Z
Z be within the withdrawal for indemnity put
y poses. some doub. srising As 20 the legality Z
d that withdrawal. the case was referred BY TIL
y department 70 the Acknowledgement for nj
J. opinion on the question Of Law. That once
4 held that the withdrawal was legal IN
that during It's existence Miller ccul
q acquire no right or title 70 the tra<
!. claimed BY him and on which he hves
: whilst recognizing the correctness Of n
= law. you saw the injustice Of the case. 20 far .
" the Individual settler was affected; ana ina
hundreds OF others were similarly situated VII
might and would be affected; and you dirccte
d that such grants should be 50 administered =
= this department as, II possible 20 protect thes
% <8LLtI< IVm &Nlu iHlA-tN1t t@t 49,
4 lief that this can be done under the provisio
which declares that these selections shall I
= made under the direction OF the Secretary
= the Interior.
q sAfter wears OF waiting, Congress had fails
I. 10 empower the department 20 make the nccc
"a sary surveys whereby some OF the grants migl
r be adjusted and no immediate prospect Of sue
70 surveys was in sight hut . Law was passe
ID March a iSs7. - U. s.. So whereby the Seer
tap or the Interior was directed 20 irnmed'ate
~ adjust each OF the railroad land grants made !
- Congress 70 aid In the construction Of ra
~ roads. With an earnest desire 70 obey q
!. mandate Of Congress 70 give 70 the corpor
q lions their every right under the laws and
= the same time follow the directions given
= You 70 see tina. ample protection should be 2
~ tended 20 settlers and those seeking 20 NAL
n settlement on the public lands "a matter viii
~ had been % long and 90 utterly ovcrshadowcd
I entered upon . most careful consideration
u the whole subject Of the history and law rel'
Y irg 10 land grants, and concluded that II :
m department was clothed with authority toma
indemnity Withdrawals. as had been done In
many instances. the exercise Of that authori
e. was matter entirely within sound q
n erection and not . matter
legal obligation In any rcspcs
p that the same sound discretion which, In {
TO- interest Of the companies, justified said vi